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Book 4 · Family law  ›  Subtitle 1 · Adoption of minors › Section 1764

Effect of cancellation

(1) The cancellation has effect only in the future. Where the family court cancels the adoption relationship after the death of the adoptive parent on application by the adoptive parent or after the death of the child on application by the child, this has the same effect as if the adoption relationship had been cancelled before the death.

(2) On the cancellation of the adoption, the relationship, created by the adoption, of the child and its descendants to the previous relatives and the rights and duties arising therefrom is extinguished.

(3) At the same time, the relationship of the child and its descendants to the blood relatives of the child, and the rights and duties arising therefrom, are revived, with the exception of parental custody.

(4) The family court is to reassign the parental custody to the natural parents if and to the extent that this is not inconsistent with the best interests of the child; failing this, it appoints a guardian or curator.

(5) If the adoption relationship is with a married couple and if the cancellation takes place only with regard to one spouse, then the effects of subsection (2) occur only between the child and its descendants and this spouse and the relatives of this spouse; the effects of subsection (3) do not occur.

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